Terry Scudder vs. Verizon California Inc.; Permissibly Self-insured, Administered By Sedgwick Cms

This case involves Verizon California Inc., a permissibly self-insured company administered by Sedgwick CMS, and Terry Scudder, an injured employee. Verizon filed a petition for reconsideration of a Findings and Award in favor of Scudder, which was granted by the Workers' Compensation Appeals Board (WCAB). Scudder then filed an Objection to the WCAB's decision, which was found to be untimely. The WCAB then granted reconsideration on its own motion and vacated its decision, recognizing that Scudder's Objection was untimely. The WCAB then filed a Confession of Error by WCAB with the Court of Appeal, requesting that the Court grant Scudder's petition for writ of mandate, rescind the

Verizon California Inc.; Permissibly Self-Insured, Administered by Sedgwick CMS Terry Scudder WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERRY SCUDDER, Applicant,vs.VERIZON CALIFORNIA, INC.; Permissibly Self-Insured, Administered by SEDGWICK CMS, Defendants.Case No. ADJ916063 (VNO 0541860)OPINION AND ORDER DISMISSING APPLICATION TO FILE RESPONSE TO CONFESSION OF ERROR BY WORKERS’ COMPENSATION APPEALS BOARD            Defendant filed an “Application to File Response to Confession of Error by Workers’ Compensation Appeals Board” and the accompanying “Response to Confession of Error by Workers’ Compensation Appeals Board,” arguing that the Appeals Board’s June 6, 2011 Confession of Error by WCAB, filed with the Court of Appeal, is “equivalent to an Order and Decision setting aside” our March 10, 2011 Opinion and Decision After Reconsideration, and requesting that we vacate our Confession of Error.            Defendant contends the Appeals Board lacks jurisdiction to take any further action, that we improperly relied on Shipley v. Workers’ Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493], and that applicant’s due process rights were not violated.            We have considered defendant’s Application and Response, and we have reviewed the record in this case. We have not received an Answer from applicant.            For the reasons discussed below, we will dismiss defendant’s “Application to File Response to Confession of Error by Workers’ Compensation Appeals Board.”            In our June 6, 2011 Confession of Error by WCAB, we summarized the background of the current dispute, as follows: ,  “On October 27, 2010, a workers’ compensation administrative law judge (WCJ) issued a Findings and Award in favor of the injured employee and petitioner before this Court, Terry Scudder (Scudder). (Petition, Exhibit 1.) “On November 3, 2010, defendant and respondent, Verizon California, Inc. (Verizon), filed a petition for reconsideration with the

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